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HomeMy WebLinkAbout06/26/2003 P&Z minutes 21-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-21-03 Hearing Date: June 26, 2003 PETITIONER: Roger Nauyalis & Rebecca Alexander 2001 Chinkapin Oak Drive PIN #: 03 -25 -213 -006 PUBLICATION DATE: June 11, 2003 REQUEST: Variation MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Rebecca Alexander Roger Nauyalis Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 8:10, Mr. Rogers introduced Case No. PZ-21-03, a request for a Variation to construct a 6' fence along the rear lot line. Mr. Rogers said the P&Z Commission decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is an interior lot located between Pin Oak Drive and Euclid Avenue, and contains a single-family residence with related improvements. She said that the subject property is zoned R1 Single Family Residence and is bordered on all sides by the R1 District. The petitioner would like to install a 6-foot wood fence along the south lot line of the subject property. The petitioner's property abuts another residence that has direct frontage onto Euclid Avenue. The Zoning Ordinance limits the height of a fence between two residential lots to a maximum height of 5 feet. The petitioner stated in their application that a taller fence is necessary due to a grade change, that the subject property is higher than Euclid Avenue, and to screen the subject property from Euclid Avenue traffic. Ms. Connolly reported that during a site inspection, staff found that the subject property and the adjacent lot do not have a fence on their common property line and that the existing landscaping consists of low growing plant materials. She said that the view from the Subject Property's mar yard to Euclid Avenue is primarily unobstructed and open. Also, areas of the subject property are at a higher elevation than Euclid Avenue. Ms. Connolly said that in order to approve the 6' fence, the P&Z has to find that the request meets the Variation standards listed in the Zoning Ordinance. She summarized the standards and said that the petitioner is proposing to install a 6' perimeter fence along the south lot line in order to screen the noise and view from Euclid Avenue. She said that the Subject Property is an irregular shape, it is adjacent to residential properties, and that it is approximately 85- feet from the Euclid Avenue right-of-way. The proposed 6' wooden fence would help to screen some of the view from Planning & Zoning Commission PZ-21-03 Arlene Juracek, Chairperson Page 2 Euclid Avenue. However, mature landscaping similar to what is planted east of the subject property would be more effective in minimizing the noise from Euclid Avenue. The petitioner has the option of installing a 5-foot perimeter fence and lasadscaping to minimize the impacts of traffic and noise from Euclid Avenue. The additional fence height will not resolve the situation, but may provide some additional relief. The proposed fence would not have an adverse impact on the neighborhood character; but the subject property does not meet the standards for a hardship as defined by the Zoning Ordinance. In addition, the petitioner has an alternative that would not require relief from Village Code regulations. Although the proposed fence may help to reduce the impacts of Euclid Avenue traffic and could be an attractive enhancement to the subject property, the proposed request does not meet the Variation standards contained in the Zoning Ordinance. Therefore, Staff recommends that the Planning & Zoning Commission deny a Variation for a 6- foot wood fence along the south lot line for the residence at 2001 Chinkapin Oak Drive, Case No. PZ-21-03. She said that the Planning & Zoning Commission's decision is final for this case. Richard Rogers pointed out that the fence would shield the property from a major highway. Leo Floros asked what the alternative to the 6' fence would be and Ms. Connolly replied a 5' fence and landscaping. Merrill Cotten asked about the swale between the two properties and noted that a 5' fence and landscaping would shield the property from the major highway more than a 6' fence. Roger Nauyalis, 2001 Chinkapin Oak Drive, was sworn in and testified that the proposed fence would be a replacement fence. He said 380' offence would be installed. The fence will be 5' in height, except for 164' along the south lot line. Mr. Nauyalis said that he would like to install the same type fence there, but the fence would be 6' tall in order to shield the property from Euclid Avenue. He said that the noise and congestion have negative impacts on his family. He said his neighbor's property that would abut the fence would never have a house on it because it serves as the septic field for that house. Mr. Naulyas said mature landscaping would not be a viable solution as it would be very expensive to replace the landscaping he has at present and would be a nesting place for mosquitoes. He said he would appreciate the support of the Commission in eliminating the noise. Mr. Rogers closed the public hearing at 8:15 and said the 6' fence would be the only closure from Euclid Road for the Naulyis property. Leo Floros agreed the 6' fence height would be necessary because of the high volume of traffic and noise generated from vehicles traveling on Euclid Avenue. Mr. Sledz said he was encouraged by the support of the neighbor at 2006 Chinkapin Oak Drive and Mr. Cotten agreed. Merrill Cotten made a motion to approve the requested Variation as submitted for Case No. PZ-21-03,2001 Chinkapin Oak Drive. Merrill Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. P&Z decision final. lanning & Zoning Commission PZ-21-03 Arlene Juracek, Chairperson Page 3 At 11:40 p.m., Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary